[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Unknown Section]
[Pages 41276-41283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14882]



[[Page 41275]]

Vol. 86

Friday,

No. 144

July 30, 2021

Part XV





Environmental Protection Agency





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Semiannual Regulatory Agenda

Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg 
Flex Agenda

[[Page 41276]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Ch. I

[FRL10021-99-OP; EPA-HQ-OAR-2019-0168; EPA-HQ-OAR-2020-0099; EPA-HQ-
OAR-2020-0106; EPA-HQ-OAR-2021-0152]


Spring 2021 Unified Agenda of Regulatory and Deregulatory Actions

AGENCY: Environmental Protection Agency.

ACTION: Semiannual regulatory agenda.

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SUMMARY: The Environmental Protection Agency (EPA) publishes the 
Semiannual Agenda of Regulatory and Deregulatory Actions online at 
https://www.reginfo.gov to periodically update the public. This 
document contains information about:
    <bullet> Regulations in the Semiannual Agenda that are under 
development, completed, or canceled since the last agenda; and
    <bullet> Reviews of regulations with small business impacts under 
Section 610 of the Regulatory Flexibility Act.

FOR FURTHER INFORMATION CONTACT: If you have questions or comments 
about a particular action, please get in touch with the agency contact 
listed in each agenda entry. If you have general questions about the 
Semiannual Agenda, please contact: Caryn Muellerleile 
(<a href="/cdn-cgi/l/email-protection#c5a8b0a0a9a9a0b7a9a0aca9a0eba6a4b7bcab85a0b5a4eba2aab3"><span class="__cf_email__" data-cfemail="8de0f8e8e1e1e8ffe1e8e4e1e8a3eeecfff4e3cde8fdeca3eae2fb">[email protected]</span></a>; 202-564-2855).

Table of Contents

I. Introduction
    A. EPA's Regulatory Information
    B. What key statutes and Executive Orders guide EPA's rule and 
policymaking process?
    C. How can you be involved in EPA's rule and policymaking 
process?
II. Semiannual Agenda of Regulatory and Deregulatory Actions
    A. What actions are included in the e-Agenda and the Regulatory 
Flexibility Agenda?
    B. How is the e-Agenda organized?
    C. What information is in the Regulatory Flexibility Agenda and 
the e-Agenda?
    D. What tools are available for mining Regulatory Agenda data 
and for finding more about EPA rules and policies?
III. Review of Regulations Under 610 of the Regulatory Flexibility 
Act
    A. Reviews of Rules With Significant Impacts on a Substantial 
Number of Small Entities
    B. What other special attention does EPA give to the impacts of 
rules on small businesses, small governments, and small nonprofit 
organizations?
IV. Thank You for Collaborating With Us

SUPPLEMENTARY INFORMATION:

I. Introduction

    EPA is committed to a regulatory strategy that effectively achieves 
the Agency's mission of protecting the environment and the health, 
welfare, and safety of Americans while also supporting economic growth, 
job creation, competitiveness, and innovation. EPA publishes the 
Semiannual Agenda of Regulatory and Deregulatory Actions to update the 
public about regulatory activity undertaken in support of this mission. 
In the Semiannual Agenda, EPA provides notice of our plans to review, 
propose, and issue regulations.
    Additionally, EPA's Semiannual Agenda includes information about 
rules that may have a significant economic impact on a substantial 
number of small entities, and review of those regulations under the 
Regulatory Flexibility Act, as amended.
    In this document, EPA explains in greater detail the types of 
actions and information available in the Semiannual Agenda and actions 
that are currently undergoing review specifically for impacts on small 
entities.

A. EPA's Regulatory Information

    ``E-Agenda,'' ``online regulatory agenda,'' and ``semiannual 
regulatory agenda'' all refer to the same comprehensive collection of 
information that, until 2007, was published in the Federal Register. 
Currently, this information is only available through an online 
database at https://www.reginfo.gov/.
    ``Regulatory Flexibility Agenda'' refers to a document that 
contains information about regulations that may have a significant 
impact on a substantial number of small entities. We continue to 
publish this document in the Federal Register pursuant to the 
Regulatory Flexibility Act of 1980. This document is available at 
https://www.govinfo.gov/app/collection/fr.
    ``Unified Regulatory Agenda'' refers to the collection of all 
agencies' agendas with an introduction prepared by the Regulatory 
Information Service Center facilitated by the U.S. General Services 
Administration.
    ``Regulatory Agenda Preamble'' refers to the document you are 
reading now. It appears as part of the Regulatory Flexibility Agenda 
and introduces both EPA's Regulatory Flexibility Agenda and the e-
Agenda.
    ``610 Review'' as required by the Regulatory Flexibility Act means 
a periodic review within ten years of promulgating a final rule that 
has or may have a significant economic impact on a substantial number 
of small entities. EPA maintains a list of these actions at https://www.epa.gov/reg-flex/section-610-reviews. EPA has one 610 review 
initiating in spring 2021, one review ongoing and two reviews 
completed.

B. What key statutes and Executive Orders guide EPA's rule and 
policymaking process?

    Several environmental laws authorize EPA's actions, including but 
not limited to:
    <bullet> Clean Air Act (CAA),
    <bullet> Clean Water Act (CWA),
    <bullet> Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA, or Superfund),
    <bullet> Emergency Planning and Community Right-to-Know Act 
(EPCRA),
    <bullet> Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA),
    <bullet> Resource Conservation and Recovery Act (RCRA),
    <bullet> Safe Drinking Water Act (SDWA), and
    <bullet> Toxic Substances Control Act (TSCA).
    Not only must EPA comply with environmental laws, but also 
administrative legal requirements that apply to the issuance of 
regulations, such as the Administrative Procedure Act (APA), the 
Regulatory Flexibility Act (RFA) as amended by the Small Business 
Regulatory Enforcement Fairness Act (SBREFA), the Unfunded Mandates 
Reform Act (UMRA), the Paperwork Reduction Act (PRA), the National 
Technology Transfer and Advancement Act (NTTAA), and the Congressional 
Review Act (CRA).
    EPA also meets a number of requirements contained in numerous 
Executive Orders: 12866, ``Regulatory Planning and Review'' (58 FR 
51735, Oct. 4, 1993), as supplemented by Executive Order 13563, 
``Improving Regulation and Regulatory Review'' (76 FR 3821, Jan. 21, 
2011); 12898, ``Environmental Justice'' (59 FR 7629, Feb. 16, 1994); 
13045, ``Children's Health Protection'' (62 FR 19885, Apr. 23, 1997); 
13132, ``Federalism'' (64 FR 43255, Aug. 10, 1999); 13175, 
``Consultation and Coordination with Indian Tribal Governments'' (65 FR 
67249, Nov. 9, 2000); 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001).

C. How can you be involved in EPA's rule and policymaking process?

    You can make your voice heard by getting in touch with the contact 
person provided in each agenda entry. EPA

[[Page 41277]]

encourages you to participate as early in the process as possible. You 
may also participate by commenting on proposed rules published in the 
Federal Register (FR).
    Instructions on how to submit your comments through https://www.regulations.gov are provided in each Notice of Proposed Rulemaking 
(NPRM). To be most effective, comments should contain information and 
data that support your position and you also should explain why EPA 
should incorporate your suggestion in the rule or other type of action. 
You can be particularly helpful and persuasive if you provide examples 
to illustrate your concerns and offer specific alternative(s) to that 
proposed by EPA.
    EPA believes its actions will be more cost effective and protective 
if the development process includes stakeholders working with us to 
help identify the most practical and effective solutions to 
environmental problems. EPA encourages you to become involved in its 
rule and policymaking process. For more information about EPA's efforts 
to increase transparency, participation and collaboration in EPA 
activities, please visit https://www.epa.gov/laws-regulations/get-involved-epa-regulations.

II. Semiannual Agenda of Regulatory and Deregulatory Actions

A. What actions are included in the e-Agenda and the Regulatory 
Flexibility Agenda?

    EPA includes regulations in the e-Agenda. However, there is no 
legal significance to the omission of an item from the agenda, and EPA 
generally does not include the following categories of actions:
    <bullet> Administrative actions such as delegations of authority, 
changes of address, or phone numbers.
    <bullet> Under the CAA: Revisions to state implementation plans; 
equivalent methods for ambient air quality monitoring; deletions from 
the new source performance standards source categories list; 
delegations of authority to states; area designations for air quality 
planning purposes.
    <bullet> Under FIFRA: Registration-related decisions, actions 
affecting the status of currently registered pesticides, and data call-
ins.
    <bullet> Under the Federal Food, Drug, and Cosmetic Act: Actions 
regarding pesticide tolerances and food additive regulations.
    <bullet> Under TSCA: Licensing actions and new chemical actions.
    <bullet> Under RCRA: Authorization of State solid waste management 
plans; hazardous waste delisting petitions.
    <bullet> Under the CWA: State Water Quality Standards; deletions 
from the section 307(a) list of toxic pollutants; suspensions of toxic 
testing requirements under the National Pollutant Discharge Elimination 
System (NPDES); delegations of NPDES authority to States.
    <bullet> Under SDWA: Actions on State underground injection control 
programs.
    Meanwhile, the Regulatory Flexibility Agenda includes:
    <bullet> Actions likely to have a significant economic impact on a 
substantial number of small entities.
    <bullet> Rules the Agency has identified for periodic review under 
section 610 of the RFA.
    EPA has one 610 review initiating, one review ongoing and two 
reviews completed in this Agenda.

B. How is the e-Agenda organized?

    Online, you can choose how to sort the agenda entries by specifying 
the characteristics of the entries of interest in the desired 
individual data fields of the e-Agenda at https://www.reginfo.gov. You 
can sort based on the following characteristics: EPA subagency (such as 
Office of Water); stage of rulemaking as described in the following 
paragraphs; alphabetically by title; or the Regulation Identifier 
Number (RIN), which is assigned sequentially when an action is added to 
the agenda.
    Each entry in the Agenda is associated with one of five rulemaking 
stages. The rulemaking stages are:
    1. Prerule Stage--EPA's prerule actions generally are intended to 
determine whether the agency should initiate rulemaking. Prerulemakings 
may include anything that influences or leads to rulemaking; this would 
include Advance Notices of Proposed Rulemaking (ANPRMs), studies or 
analyses of the possible need for regulatory action.
    2. Proposed Rule Stage--Proposed rulemaking actions include EPA's 
Notice of Proposed Rulemakings (NPRMs); these proposals are scheduled 
to publish in the Federal Register within the next year.
    3. Final Rule Stage--Final rulemaking actions are those actions 
that EPA is scheduled to finalize and publish in the Federal Register 
within the next year.
    4. Long-Term Actions--This section includes rulemakings for which 
the next scheduled regulatory action (such as publication of a NPRM or 
final rule) is twelve or more months into the future. We urge you to 
explore becoming involved even if an action is listed in the Long-Term 
category.
    5. Completed Actions--EPA's completed actions are those that have 
been promulgated and published in the Federal Register since 
publication of the fall 2020 Agenda. This category also includes 
actions that EPA is no longer considering and has elected to 
``withdraw'' and the results of any RFA section 610 reviews.

C. What information is in the Regulatory Flexibility Agenda and the e-
Agenda?

    The Regulatory Flexibility Agenda entries include only the nine 
categories of information that are required by the Regulatory 
Flexibility Act of 1980 and by Federal Register Agenda printing 
requirements: Sequence Number, RIN, Title, Description, Statutory 
Authority, Section 610 Review, if applicable, Regulatory Flexibility 
Analysis Required, Schedule and Contact Person. Note that the 
electronic version of the Agenda (E-Agenda) replicates each of these 
actions with more extensive information, described below.
    E-Agenda entries include:
    Title: A brief description of the subject of the regulation. The 
notation ``Section 610 Review'' follows the title if we are reviewing 
the rule as part of our periodic review of existing rules under section 
610 of the RFA (5 U.S.C. 610).
    Priority: Each entry is placed into one of the five following 
categories:
    a. Economically Significant: Under Executive Order 12866, a 
rulemaking that may have an annual effect on the economy of $100 
million or more, or adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities.
    b. Other Significant: A rulemaking that is not economically 
significant but is considered significant for other reasons. This 
category includes rules that may:
    1. Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency.
    2. Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients; or
    3. Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles in Executive 
Order 12866.
    c. Substantive, Nonsignificant: A rulemaking that has substantive 
impacts but is not Significant, Routine and Frequent, or Informational/
Administrative/Other.
    d. Routine and Frequent: A rulemaking that is a specific case of a

[[Page 41278]]

recurring application of a regulatory program in the Code of Federal 
Regulations. If an action that would normally be classified Routine and 
Frequent is reviewed by the Office of Management and Budget (OMB) under 
Executive Order 12866, then we would classify the action as either 
``Economically Significant'' or ``Other Significant.''
    e. Informational/Administrative/Other: An action that is primarily 
informational or pertains to an action outside the scope of Executive 
Order 12866.
    Major: A rule is ``major'' under 5 U.S.C. 801 (Pub. L. 104-121) if 
it has resulted or is likely to result in an annual effect on the 
economy of $100 million or more or meets other criteria specified in 
the Congressional Review Act.
    Unfunded Mandates: Whether the rule is covered by section 202 of 
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). The Act 
requires that, before issuing an NPRM likely to result in a mandate 
that may result in expenditures by State, local, and tribal 
governments, in the aggregate, or by the private sector of more than 
$100 million in 1 year, the agency prepare a written statement on 
federal mandates addressing costs, benefits, and intergovernmental 
consultation.
    Legal Authority: The sections of the United States Code (U.S.C.), 
Public Law (Pub. L.), Executive Order (E.O.), or common name of the law 
that authorizes the regulatory action.
    CFR Citation: The sections of the Code of Federal Regulations that 
would be affected by the action.
    Legal Deadline: An indication of whether the rule is subject to a 
statutory or judicial deadline, the date of that deadline, and whether 
the deadline pertains to a NPRM, a Final Action, or some other action.
    Abstract: A brief description of the problem the action will 
address.
    Timetable: The dates and citations (if available) for all past 
steps and a projected date for at least the next step for the 
regulatory action. A date displayed in the form 05/00/22 means the 
agency is predicting the month and year the action will take place but 
not the day it will occur. For some entries, the timetable indicates 
that the date of the next action is ``to be determined.''
    Regulatory Flexibility Analysis Required: Indicates whether EPA has 
prepared or anticipates preparing a regulatory flexibility analysis 
under section 603 or 604 of the RFA. Generally, such an analysis is 
required for proposed or final rules subject to the RFA that EPA 
believes may have a significant economic impact on a substantial number 
of small entities.
    Small Entities Affected: Indicates whether the rule is anticipated 
to have any effect on small businesses, small governments or small 
nonprofit organizations.
    Government Levels Affected: Indicates whether the rule may have any 
effect on levels of government and, if so, whether the affected 
governments are State, local, tribal, or Federal.
    Federalism Implications: Indicates whether the action is expected 
to have substantial direct effects on the States, on the relationship 
between the National Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    Energy Impacts: Indicates whether the action is a significant 
energy action under Executive Order 13211.
    Sectors Affected: Indicates the main economic sectors regulated by 
the action. The regulated parties are identified by their North 
American Industry Classification System (NAICS) codes. These codes were 
created by the Census Bureau for collecting, analyzing, and publishing 
statistical data on the U.S. economy. There are more than 1,000 NAICS 
codes for sectors in agriculture, mining, manufacturing, services, and 
public administration.
    International Trade Impacts: Indicates whether the action is likely 
to have international trade or investment effects, or otherwise be of 
international interest.
    Agency Contact: The name, address, phone number, and email address, 
if available, of a person who is knowledgeable about the regulation.
    Additional Information: Other information about the action 
including docket information.
    URLs: For some actions, the internet addresses are included for 
reading copies of rulemaking documents, submitting comments on 
proposals, and getting more information about the rulemaking and the 
program of which it is a part.
    RIN: The Regulation Identifier Number is used by OMB to identify 
and track rulemakings. The first four digits of the RIN correspond to 
the EPA office with lead responsibility for developing the action.

D. What tools are available for mining Regulatory Agenda data and for 
finding more about EPA rules and policies?

1. Federal Regulatory Dashboard
    The https://www.reginfo.gov searchable database maintained by the 
Regulatory Information Service Center and OMB's Office of Information 
and Regulatory Affairs (OIRA), allows users to view the Regulatory 
Agenda database (https://www.reginfo.gov/public/do/eAgendaMain), with 
options for searching, displaying, and data transmission.
2. Subject Matter EPA Websites
    Some actions listed in the Agenda include a URL for an EPA-
maintained website that provides additional information about the 
action.
3. Public Dockets
    When EPA publishes either an Advance Notice of Proposed Rulemaking 
(ANPRM) or a Notice of Proposed Rulemaking (NPRM) in the Federal 
Register, the Agency typically establishes a docket to accumulate 
materials developed throughout the development process for that 
rulemaking. The docket serves as the repository for the collection of 
documents or information related to that Agency's action or activity. 
EPA uses dockets primarily for rulemaking actions, but dockets may also 
be used for section 610 reviews and for various non-rulemaking 
activities, such as Federal Register documents seeking public comments 
on draft guidance, policy statements, information collection requests 
under the PRA, and other non-rule activities. Docket information should 
be in that action's agenda entry. All of EPA's public dockets can be 
located at https://www.regulations.gov. EPA particularly welcomes 
feedback on rulemakings from communities likely to be affected by these 
actions.

III. Review of Regulations Under 610 of the Regulatory Flexibility Act

A. Reviews of Rules With Significant Impacts on a Substantial Number of 
Small Entities

    Section 610 of the RFA requires that an agency review, within 10 
years of promulgation, each rule that has or will have a significant 
economic impact on a substantial number of small entities. At this 
time, EPA has one 610 review initiating, one review ongoing and two 
reviews completed.

[[Page 41279]]



----------------------------------------------------------------------------------------------------------------
            Review title                 RIN                  Docket ID No.                       Status
----------------------------------------------------------------------------------------------------------------
Section 610 Review of National         2060-AV08  EPA-HQ-OAR-2021-0152.................  Initiated.
 Emission Standards for Hazardous
 Air Pollutants for Coal-and Oil-
 Fired Electric Utility Steam
 Generating Units.
Section 610 Review of Renewable        2060-AU44  EPA-HQ-OAR-2019-0168.................  Ongoing.
 Fuels Standard Program.
Section 610 Review of National         2060-AU76  EPA-HQ-OAR-2020-0099.................  Completed.
 Emission Standards for Hazardous
 Air Pollutants for Area Sources:
 Industrial, Commercial, and
 Institutional Boilers.
Section 610 Review of National         2060-AU77  EPA-HQ-OAR-2020-0106.................  Completed.
 Emission Standards for Hazardous
 Air Pollutants for Major Sources:
 Industrial, Commercial and
 Institutional Boilers and Process
 Heaters.
----------------------------------------------------------------------------------------------------------------

    EPA has established public dockets for these 610 reviews. Please 
see docket EPA-HQ-OAR-2021-0152 at https://www.regulations.gov/ to 
comment on EPA's newly initiated review, ``Section 610 Review of 
National Emission Standards for Hazardous Air Pollutants for Coal-and 
Oil-Fired Electric Utility Steam Generating Units.'' While comments for 
the ongoing and completed reviews are no longer accepted, submitted 
comments can be viewed at https://www.regulations.gov/, dockets EPA-HQ-
OAR-2019-0168, EPA-HQ-OAR-2020-0099, and EPA-HQ-OAR-2020-0106.

B. What other special attention does EPA give to the impacts of rules 
on small businesses, small governments, and small nonprofit 
organizations?

    For each of EPA's rulemakings, consideration is given to whether 
there will be any adverse impact on any small entity. EPA attempts to 
fit the regulatory requirements, to the extent feasible, to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to the regulation.
    Under the RFA as amended by SBREFA, the Agency must prepare a 
formal analysis of the potential negative impacts on small entities, 
convene a Small Business Advocacy Review Panel (proposed rule stage), 
and prepare a Small Entity Compliance Guide (final rule stage) unless 
the Agency certifies a rule will not have a significant economic impact 
on a substantial number of small entities. For more detailed 
information about the Agency's policy and practice with respect to 
implementing the RFA/SBREFA, please visit EPA's RFA/SBREFA website at 
https://www.epa.gov/reg-flex.

IV. Thank You for Collaborating With Us

    Finally, we would like to thank those of you who choose to join 
with us in making progress on the complex issues involved in protecting 
human health and the environment. Collaborative efforts such as EPA's 
open rulemaking process are a valuable tool for addressing the problems 
we face, and the regulatory agenda is an important part of that 
process.

    Dated: March 23, 2021.
Victoria Arroyo,
Associate Administrator, Office of Policy.

                         10--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
202.......................  National Emission                  2060-AU37
                             Standards for Hazardous
                             Air Pollutants: Ethylene
                             Oxide Commercial
                             Sterilization and
                             Fumigation Operations.
------------------------------------------------------------------------


                          10--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
203.......................  Section 610 Review of              2060-AU44
                             Renewable Fuels Standard
                             Program (Section 610
                             Review).
------------------------------------------------------------------------


                          10--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
204.......................  Section 610 Review of              2060-AU76
                             National Emission
                             Standards for Hazardous
                             Air Pollutants for Area
                             Sources: Industrial,
                             Commercial, and
                             Institutional Boilers
                             (Section 610 Review).
205.......................  Section 610 Review of              2060-AU77
                             National Emission
                             Standards for Hazardous
                             Air Pollutants for Major
                             Sources: Industrial,
                             Commercial and
                             Institutional Boilers and
                             Process Heaters (Section
                             610 Review).
------------------------------------------------------------------------


                         35--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
206.......................  1-Bromopropane; Rulemaking         2070-AK73
                             Under TSCA Section 6(a).
------------------------------------------------------------------------


[[Page 41280]]


                          35--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
207.......................  Trichloroethylene (TCE);           2070-AK11
                             Rulemaking Under TSCA
                             Section 6(a); Vapor
                             Degreasing.
208.......................  N-Methylpyrrolidone;               2070-AK46
                             Regulation of Certain
                             Uses Under TSCA Section
                             6(a).
------------------------------------------------------------------------


                          72--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
209.......................  National Primary Drinking          2040-AF15
                             Water Regulations for
                             Lead and Copper:
                             Regulatory Revisions.
------------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Proposed Rule Stage

202. National Emission Standards for Hazardous Air Pollutants: Ethylene 
Oxide Commercial Sterilization and Fumigation Operations

    Legal Authority: 42 U.S.C. 7412 Clean Air Act
    Abstract: The National Emission Standards for Hazardous Air 
Pollutants (NESHAP) for Ethylene Oxide Commercial Sterilization and 
Fumigation Operations were finalized in December 1994 (59 FR 62585). 
The standards require existing and new major sources to control 
emissions to the level achievable by the maximum achievable control 
technology (MACT) and require existing and new area sources to control 
emissions using generally available control technology (GACT). EPA 
completed a residual risk and technology review for the NESHAP in 2006 
and, at that time, concluded that no revisions to the standards were 
necessary. In this action, EPA will conduct the second technology 
review for the NESHAP and also assess potential updates to the rule. To 
aid in this effort, EPA issued an advance notice of proposed rulemaking 
(ANPRM) that solicited comment from stakeholders and undertook a Small 
Business Advocacy Review (SBAR) panel which is needed when there is the 
potential for significant economic impacts to small businesses from any 
regulatory actions being considered.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   12/12/19  84 FR 67889
NPRM................................   11/00/21
                                     -----------------------------------
Final Rule..........................           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jonathan Witt, Environmental Protection Agency, 
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code E143-
05, Research Triangle Park, NC 27709, Phone: 919 541-5645, Email: 
<a href="/cdn-cgi/l/email-protection#55223c21217b3f3a3b153025347b323a23"><span class="__cf_email__" data-cfemail="fc8b958888d2969392bc998c9dd29b938a">[email protected]</span></a>.
    Steve Fruh, Environmental Protection Agency, Office of Air and 
Radiation, E143-01, 109 T.W. Alexander Drive, Research Triangle Park, 
NC 27711, Phone: 919 541-2837, Email: <a href="/cdn-cgi/l/email-protection#ff998d8a97d18c8b9a899abf9a8f9ed1989089"><span class="__cf_email__" data-cfemail="167064637e3865627360735673667738717960">[email protected]</span></a>.
    RIN: 2060-AU37

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Long-Term Actions

203. Section 610 Review of Renewable Fuels Standard Program (Section 
610 Review)

    Legal Authority: 5 U.S.C. 610
    Abstract: The rulemaking ``Regulation of Fuels and Fuel Additives: 
Changes to Renewable Fuel Standard Program'' was finalized by EPA in 
March 2010 (75 FR 14669, March 26, 2010). The final regulations made a 
number of changes to the existing Renewable Fuel Standard program while 
retaining many elements of the compliance and trading system already in 
place. The final rule also implemented the revised statutory 
definitions and criteria, most notably the greenhouse gas emission 
thresholds for renewable fuels and new limits on renewable biomass 
feedstocks. This entry in the regulatory agenda describes EPA's review 
of this action pursuant to section 610 of the Regulatory Flexibility 
Act (5 U.S.C. 610). As part of this review, EPA is considering comments 
on the following factors: (1) The continued need for the rule; (2) the 
nature of complaints or comments received concerning the rule; (3) the 
complexity of the rule; (4) the extent to which the rule overlaps, 
duplicates, or conflicts with other Federal, State, or local government 
rules; and (5) the degree to which the technology, economic conditions 
or other factors have changed in the area affected by the rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   03/26/10  75 FR 14669
Begin Review........................   06/24/19  84 FR 29689
Comment Period Extended.............   08/27/19  84 FR 44804
                                     -----------------------------------
End Review..........................           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Jessica Mroz, Environmental Protection Agency, 
Office of Air and Radiation, 1200 Pennsylvania Avenue NW, Washington, 
DC 20460, Phone: 202 564-1094, Email: <a href="/cdn-cgi/l/email-protection#2a4758455004404f595943494b6a4f5a4b044d455c"><span class="__cf_email__" data-cfemail="8ee3fce1f4a0e4ebfdfde7edefceebfeefa0e9e1f8">[email protected]</span></a>.
    Julia Burch, Environmental Protection Agency, Office of Air and 
Radiation, 1200 Pennsylvania Avenue NW, Washington, DC 20460, Phone: 
202 564-0961, Email: <a href="/cdn-cgi/l/email-protection#7a180f08191254100f16131b3a1f0a1b541d150c"><span class="__cf_email__" data-cfemail="93f1e6e1f0fbbdf9e6fffaf2d3f6e3f2bdf4fce5">[email protected]</span></a>.
    RIN: 2060-AU44

ENVIRONMENTAL PROTECTION AGENCY (EPA)

10

Completed Actions

204. Section 610 Review of National Emission Standards for Hazardous 
Air Pollutants for Area Sources: Industrial, Commercial, and 
Institutional Boilers (Section 610 Review)

    Legal Authority: 42 U.S.C. 7412 Clean Air Act
    Abstract: On March 21, 2011, EPA promulgated National Emission 
Standards for Hazardous Air Pollutants for Area Sources: Industrial, 
Commercial, and Institutional Boilers (76 FR 15554). The rule (40 CFR 
part 63, subpart JJJJJJ) includes standards to

[[Page 41281]]

control hazardous air pollutant emissions from new and existing 
industrial, commercial and institutional boilers fired with coal, oil, 
biomass or other solid and liquid non-waste materials located at area 
source facilities. Rule amendments that did not impose any additional 
regulatory requirements beyond those imposed by the March 2011 final 
rule and, in certain instances, would result in a decrease in burden, 
were promulgated on February 1, 2013 (78 FR 7488) and September 14, 
2016 (81 FR 63112). This entry in the regulatory agenda announces that 
EPA has reviewed this action pursuant to section 610 of the Regulatory 
Flexibility Act, ``Periodic Review of Rules'' (5 U.S.C. 610) to 
determine if the provisions that could affect small entities should be 
continued without change or should be rescinded or amended to minimize 
adverse economic impacts on small entities. As part of this review, EPA 
solicited comments on the following factors as specified in section 
610: (1) The continued need for the rule; (2) the nature of complaints 
or comments received concerning the rule; (3) the complexity of the 
rule; (4) the extent to which the rule overlaps, duplicates or 
conflicts with other federal, state or local government rules; and (5) 
the degree to which the technology, economic conditions or other 
factors have changed in the area affected by the rule. No comments were 
received. EPA has concluded that the rule does not need to be amended 
at this time and has addressed the review factors in a report. The 
report is available in Docket EPA-HQ-OAR-2020-0099, which can be 
accessed at www.regulations.gov.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   03/21/11  76 FR 15553
Begin Review........................   08/26/20  85 FR 52763
End Review..........................   03/01/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Mary Johnson, Environmental Protection Agency, 
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-
01, Research Triangle Park, NC 27711, Phone: 919 541-5025, Email: 
<a href="/cdn-cgi/l/email-protection#96fcf9fef8e5f9f8b8fbf7e4efd6f3e6f7b8f1f9e0"><span class="__cf_email__" data-cfemail="305a5f585e435f5e1e5d514249705540511e575f46">[email protected]</span></a>.
    Nick Hutson, Environmental Protection Agency, Office of Air and 
Radiation, 109 T.W. Alexander Drive, Mail Code D243-01, Research 
Triangle Park, NC 27711, Phone: 919 541-2968, Fax: 919 541-4991, Email: 
<a href="/cdn-cgi/l/email-protection#f1998485829e9fdf9f98929ab1948190df969e87"><span class="__cf_email__" data-cfemail="e38b9697908c8dcd8d8a8088a3869382cd848c95">[email protected]</span></a>.
    RIN: 2060-AU76

205. Section 610 Review of National Emission Standards for Hazardous 
Air Pollutants for Major Sources: Industrial, Commercial and 
Institutional Boilers and Process Heaters (Section 610 Review)

    Legal Authority: 42 U.S.C. 7412 Clean Air Act
    Abstract: On March 21, 2011, the EPA promulgated National Emission 
Standards for Hazardous Air Pollutants for Major Sources: Industrial, 
Commercial, and Institutional Boilers and Process Heaters (76 FR 
15608). The rule (40 CFR part 63, subpart DDDDD) includes standards to 
control hazardous air pollutant emissions from new and existing 
industrial, commercial, and institutional boilers and process heaters 
fired with coal, oil, biomass, natural gas or other solid, liquid or 
gaseous non-waste materials located at major source facilities. Rule 
amendments that did impose additional regulatory requirements beyond 
those imposed by the March 2011 final rule were estimated to result in 
an increase in burden were promulgated on January 31, 2013 (78 FR 
7138). This entry in the regulatory agenda announces the EPA has 
reviewed this action pursuant to section 610 of the Regulatory 
Flexibility Act, ``Periodic Review of Rules'' (5 U.S.C. 610) to 
determine if the provisions that could affect small entities should be 
continued without change or should be rescinded or amended to minimize 
adverse economic impacts on small entities. As part of this review, EPA 
solicited comments on the following factors as specified in section 
610: (1) The continued need for the rule; (2) the nature of complaints 
or comments received concerning the rule; (3) the complexity of the 
rule; (4) the extent to which the rule overlaps, duplicates or 
conflicts with other federal, state or local government rules; and (5) 
the degree to which the technology, economic conditions or other 
factors have changed in the area affected by the rule. No comments were 
received. EPA has concluded that the rule does not need to be amended 
at this time and has addressed the review factors in a report. The 
report is available in Docket ID number is EPA-HQ-OAR-2020-0106, which 
can be accessed at www.regulations.gov.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   03/21/11  76 FR 15607
Begin Review........................   08/26/20  85 FR 52763
End Review..........................   03/01/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Jim Eddinger, Environmental Protection Agency, 
Office of Air and Radiation, 109 T.W. Alexander Drive, Mail Code D243-
01, Research Triangle Park, NC 27711, Phone: 919 541-5426, Email: 
<a href="/cdn-cgi/l/email-protection#3f5a5b5b5651585a4d115556527f5a4f5e11585049"><span class="__cf_email__" data-cfemail="9efbfafaf7f0f9fbecb0f4f7f3defbeeffb0f9f1e8">[email protected]</span></a>.
    Nick Hutson, Environmental Protection Agency, Office of Air and 
Radiation, 109 T.W. Alexander Drive, Mail Code D243-01, Research 
Triangle Park, NC 27711, Phone: 919 541-2968, Fax: 919 541-4991, Email: 
<a href="/cdn-cgi/l/email-protection#e78f9293948889c9898e848ca7829786c9808891"><span class="__cf_email__" data-cfemail="0f677a7b7c60612161666c644f6a7f6e21686079">[email protected]</span></a>.
    RIN: 2060-AU77

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Proposed Rule Stage

206. 1-Bromopropane; Rulemaking Under TSCA Section 6(a)

    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    Abstract: Section 6 of the Toxic Substances Control Act (TSCA) 
requires EPA to address unreasonable risks of injury to health or the 
environment that the Administrator has determined are presented by a 
chemical substance under the conditions of use. Following a risk 
evaluation for cyclic aliphatic bromide cluster (HBCD) carried out 
under the authority of the TSCA section 6, EPA initiated rulemaking to 
address unreasonable risks of injury to health and the environment 
identified in the final risk evaluation. EPA's risk evaluation for 
HBCD, describing the conditions of use and presenting EPA's 
determinations of unreasonable risk, is in docket EPA-HQ-OPPT-2019-
0237, with additional information in docket EPA-HQ-OPPT-2016-0735.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/00/21
Final Rule..........................   08/00/22
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ana Corado, Environmental Protection Agency, Office 
of Chemical Safety and Pollution Prevention, Mail Code 7408M, 1200 
Pennsylvania Avenue NW, Washington, DC 20460, Phone: 202 564-0140, 
Email: <a href="/cdn-cgi/l/email-protection#197a766b787d7637787778597c6978377e766f"><span class="__cf_email__" data-cfemail="583b372a393c3776393639183d2839763f372e">[email protected]</span></a>.

[[Page 41282]]

    Joel Wolf, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 
7405M, Washington, DC 20460, Phone: 202 564-0432, Email: 
<a href="/cdn-cgi/l/email-protection#3f485053591155505a537f5a4f5e11585049"><span class="__cf_email__" data-cfemail="f88f97949ed692979d94b89d8899d69f978e">[email protected]</span></a>.
    RIN: 2070-AK73

ENVIRONMENTAL PROTECTION AGENCY (EPA)

35

Completed Actions

207. Trichloroethylene (TCE); Rulemaking Under TSCA Section 6(a); Vapor 
Degreasing

    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    Abstract: Section 6(a) of the Toxic Substances Control Act (TSCA) 
provides authority for EPA to ban or restrict the manufacture 
(including import), processing, distribution in commerce, and use of 
chemical substances, as well as any manner or method of disposal. 
Section 26(l)(4) of TSCA authorizes EPA to issue rules under TSCA 
section 6 for chemicals listed in the 2014 update to the TSCA Work Plan 
for Chemical Assessments for which EPA published completed risk 
assessments prior to June 22, 2016, consistent with the scope of the 
completed risk assessment. In the June 2014 TSCA Work Plan Chemical 
Risk Assessment for trichloroethylene (TCE), EPA characterized risks 
from the use of TCE in commercial degreasing and in some consumer uses. 
EPA preliminarily determined that these risks are unreasonable risks. 
On January 19, 2017, EPA proposed to prohibit the manufacture, 
processing, distribution in commerce, or commercial use of TCE in vapor 
degreasing. A separate action (RIN 2070-AK03), published on December 
16, 2016, proposed to address the unreasonable risks from TCE when used 
as a spotting agent in dry cleaning and in commercial and consumer 
aerosol spray degreasers. The uses identified in the proposed rules 
were subsequently considered as part of the TSCA section 6(b) final 
risk evaluation for TCE, and EPA initiated a new action (RIN 2070-AK83) 
under TSCA section 6(a) to address the unreasonable risks of TCE. EPA 
announced the withdrawal of this proposed rule in the Federal Register 
of January 15, 2021.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/19/17  82 FR 7432
Withdrawal Notice...................   01/15/21  86 FR 3932
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Toni Krasnic, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, 1200 Pennsylvania 
Avenue NW, Mail Code 7405M, Washington, DC 20460, Phone: 202 564-0984, 
Email: <a href="/cdn-cgi/l/email-protection#e2899083918c8b81cc968d8c8ba2879283cc858d94"><span class="__cf_email__" data-cfemail="a5ced7c4d6cbccc68bd1cacbcce5c0d5c48bc2cad3">[email protected]</span></a>.
    Joel Wolf, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 
7405M, Washington, DC 20460, Phone: 202 564-0432, Email: 
<a href="/cdn-cgi/l/email-protection#0671696a60286c69636a4663766728616970"><span class="__cf_email__" data-cfemail="64130b08024a0e0b0108240114054a030b12">[email protected]</span></a>.
    RIN: 2070-AK11

208. N-Methylpyrrolidone; Regulation of Certain Uses Under TSCA Section 
6(a)

    Legal Authority: 15 U.S.C. 2605 Toxic Substances Control Act
    Abstract: Section 6(a) of the Toxic Substances Control Act (TSCA) 
provides authority for EPA to ban or restrict the manufacture 
(including import), processing, distribution in commerce, and use of 
chemical substances, as well as any manner or method of disposal. 
Section 26(l)(4) of TSCA authorizes EPA to issue rules under TSCA 
section 6 for chemicals listed in the 2014 update to the TSCA Work Plan 
for Chemical Assessments for which EPA published completed risk 
assessments prior to June 22, 2016, consistent with the scope of the 
completed risk assessment. In the March 2015 TSCA Work Plan Chemical 
Risk Assessment for NMP, EPA characterized risks from use of this 
chemical in paint and coating removal. On January 19, 2017, EPA 
preliminarily determined that the use of NMP in paint and coating 
removal poses an unreasonable risk of injury to health. In the final 
rule for methylene chloride in consumer paint and coating removal (RIN 
2070-AK07), EPA explained that the Agency was not finalizing the 
proposed regulation for NMP as part of that action, and EPA took steps 
to continue considering regulation of the use of NPRM in paint and 
coating removal in a separate action (RIN 2007-AK46). The use of NMP in 
paint and coating removal was subsequently considered as part of the 
TSCA section 6(b) final risk evaluation for NMP, and EPA initiated a 
new action (RIN 2070-AK85) under TSCA section 6(a) to address the 
unreasonable risks of NMP. EPA announced the withdrawal of this 
proposed rule in the Federal Register of January 15, 2021.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/19/17  82 FR 7464
Withdrawal Notice...................   01/15/21  86 FR 3932
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Eileen Sheehan, Environmental Protection Agency, 
Office of Chemical Safety and Pollution Prevention, USEPA Region 9, 75 
Hawthorne Street, San Francisco, CA 94105, Phone: 415 972-3287, Email: 
<a href="/cdn-cgi/l/email-protection#dfacb7babab7beb1f1bab6b3babab19fbaafbef1b8b0a9"><span class="__cf_email__" data-cfemail="05766d60606d646b2b606c6960606b456075642b626a73">[email protected]</span></a>.
    Joel Wolf, Environmental Protection Agency, Office of Chemical 
Safety and Pollution Prevention, 1200 Pennsylvania Avenue NW, Mail Code 
7405M, Washington, DC 20460, Phone: 202 564-0432, Email: 
<a href="/cdn-cgi/l/email-protection#83f4ecefe5ade9ece6efc3e6f3e2ade4ecf5"><span class="__cf_email__" data-cfemail="a2d5cdcec48cc8cdc7cee2c7d2c38cc5cdd4">[email protected]</span></a>.
    RIN: 2070-AK46

ENVIRONMENTAL PROTECTION AGENCY (EPA)

72

Completed Actions

209. National Primary Drinking Water Regulations for Lead and Copper: 
Regulatory Revisions

    Legal Authority: 42 U.S.C. 300f et seq. Safe Drinking Water Act
    Abstract: EPA published revisions to the Lead and Copper Rule (LCR) 
to include a suite of actions to reduce lead exposure in drinking water 
where it is needed the most. The final rule identifies the most at-risk 
communities to ensure systems have plans in place to rapidly respond by 
taking actions to reduce elevated levels of lead in drinking water. The 
rule requires a more comprehensive response at the action level and 
introduces a trigger level of 10 ppb that requires more proactive 
planning in communities with lead service lines. The revisions also 
include requirements for water systems to prepare an inventory of lead 
service lines and to make the inventory publicly available. The final 
LCR takes a proactive and holistic approach to improving the current 
rule--from testing to treatment to telling the public about the levels 
and risks of lead in drinking water. This approach focuses on the 
following six key areas: (1) Identifying areas most impacted; (2) 
strengthening treatment requirements; (3) replacing lead service lines; 
(4) increasing sampling; (5) improving risk communication; and (6) 
protecting children in schools. On March 12, 2021, EPA issued an 
interim postponement of the LCRR's effective date and proposed a delay 
of the LCRR's effective and compliance dates to enable the Agency

[[Page 41283]]

to consult with stakeholders and review the LCRR in accordance with 
Executive Order 13990 and Executive Order 13985.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/13/19  84 FR 61684
Final Rule..........................   01/15/21  86 FR 4198
Notice..............................   03/12/21  86 FR 14003
Final Rule Effective................   06/17/21  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jeffrey Kempic, Environmental Protection Agency, 
Office of Water, 4607M, 1200 Pennsylvania Avenue NW, Washington, DC 
20460, Phone: 202 564-4880, Email: <a href="/cdn-cgi/l/email-protection#dab1bfb7aab3b9f4b0bfbcbca8bfa39abfaabbf4bdb5ac"><span class="__cf_email__" data-cfemail="503b353d2039337e3a353636223529103520317e373f26">[email protected]</span></a>.
    Erik Helm, Environmental Protection Agency, Office of Water, 4607M, 
1200 Pennsylvania Avenue, Washington, DC 20460, Phone: 202 566-1049, 
Email: <a href="/cdn-cgi/l/email-protection#e088858c8dce8592898ba0859081ce878f96"><span class="__cf_email__" data-cfemail="e58d808988cb80978c8ea5809584cb828a93">[email protected]</span></a>.
    RIN: 2040-AF15

[FR Doc. 2021-14882 Filed 7-29-21; 8:45 am]
BILLING CODE 6560-50-P


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